In 2021, the House of Representatives passed legislation that received support from Democrats and a number of Republicans that would provide permanent solutions for Dreamers, Temporary Protected Status (TPS) holders, and the agricultural workforce. In 2023, it is unlikely that these measures will get a vote in the House.

Congress must act, but it will only act if members know that supporting immigrants is a top priority for their constituents. Call your Senators. Call your Congressional Representative. Tell them that Congress must act NOW in December to pass:

• the American Dream and Promise Act, a pathway to citizenship for Dreamers and TPS holders;
• the Farm Workforce Modernization Act;
• the Afghan Adjustment Act.

As many as 2.3 million Dreamers brought to the United States as children are at risk of deportation if Congress does not act. They have grown up here, gone to school here, and many now are essential workers, contributing to and supporting the country they call home.

Almost 400,000 TPS and DED holders, unable to return home because of war and natural disasters, have lived here for years, often for decades. Although about 130,000 of these immigrants are essential workers, they still have no path to permanent residence, no line to wait in.

Congress must pass legislation that would provide Dreamers and TPS holders with certainty – protecting them from deportation and affording them an opportunity to obtain permanent legal status in the United States.

Farmworkers have maintained our food supply and ensured Americans have food on their tables throughout the past two years. Yet as many as 78% of them – including the undocumented, temporary guest-workers, green card holders, and naturalized citizens – were born outside of the United States. The House has passed and now the Senate must pass legislation to reform and modernize our agricultural visa program.

Afghans who worked with U.S. forces before the Taliban takeover of their country remain at high risk. More than 80,000 fled to the United States in 2021. For many, their temporary humanitarian parole status will run out in 2023, leaving them at risk of deportation. Others remain in uncertain exile or hiding within Afghanistan as Taliban forces hunt them down. They need and deserve the protection of the Afghan Adjustment Act.

A majority of Republicans and Democrats across the country support a path to citizenship for Dreamers, for TPS holders, for farm workers, and for Afghan refugees.

NOW is the time to act.

Call your Senators. Call your Congressional Representative. Tell them that Congress must act NOW in December to pass:

• the American Dream and Promise Act, a pathway to citizenship for Dreamers and TPS holders;
• the Farm Workforce Modernization Act;
• the Afghan Adjustment Act.

 

This ILCM fact sheet is current as of November 16, 2022. This is not legal advice.

December 6, 2022 UPDATE: The Department of Homeland Security (DHS) announced the extension and redesignation of Haiti for TPS for 18 months from February 4, 2023, through August 3, 2024. Those individuals who have already been residing in the United States as of November 6, 2022, will be eligible for TPS under Haiti’s redesignation. DHS will publish a Federal Register notice that will explain the procedure to (re)register. 

Printable PDF version of this fact sheet.

On November 10, 2022, the Department of Homeland Security (DHS) posted a Federal Register Notice announcing that beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, Nicaragua, the 2011 Haiti designation, and the 2013 Sudan designation will retain their TPS while the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remain in effect, provided they remain individually eligible for TPS. Their Employment Authorization Documents (EAD) are auto-extended through June 30, 2024.

Country	Status of TPS	Current End Date
El Salvador	Extended by DHS on Nov. 10, 2022	As long as the preliminary injunction in Ramos remains in effect.
Haiti	2011 designation – extended by DHS on Nov. 10, 2022 New TPS designation for Haiti on Aug. 3, 2021.	11.10.22 extension: as long as the preliminary injunction in Ramos remains in effect. 08.03.21 designation: Feb. 3, 2023
Honduras	Extended by DHS on Nov. 10, 2022	As long as the preliminary injunction in Ramos and the existing stay of proceedings order in Bhattarai v. Nielsen remain in effect.
Nepal	Extended by DHS on Nov. 10, 2022	As long as the preliminary injunction in Ramos and the existing stay of proceedings order in Bhattarai v. Nielsen remain in effect.
Nicaragua	Extended by DHS on Nov. 10, 2022	As long as the preliminary injunction in Ramos remains in effect.
Sudan	2013 designation – extended by DHS on Nov. 10, 2022 New TPS designation for Sudan on April 19, 2022	11.10.22 extension: as long as the preliminary injunction in Ramos remains in effect. 04.19.22 designation: Oct. 19, 2023

 

What is temporary protected status (TPS)?

TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country.

During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization.

What does the extension of TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan mean?

This extension enables current beneficiaries of the designations for El Salvador, Honduras, Nepal, Nicaragua, the 2011 Haiti designation, and the 2013 Sudan designation to maintain certain valid TPS documentation.

TPS holders from Haiti or Sudan may also apply under the more recent designations of Haiti and Sudan in 2021 and 2022, respectively, and if granted, will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction.

This notice automatically extends the validity of TPS-related Employment Authorization Documents (EADs); Notices of Action (Forms I-797); and Arrival/Departure Records (Forms I-94), (collectively “TPS-related documentation”) for those beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.

Who is eligible for TPS under this extension?

Only current beneficiaries of El Salvador, Honduras, Nepal, Nicaragua TPS, the 2011 Haiti designation, and the 2013 Sudan designation are eligible for the automatic extension if they otherwise continue to meet eligibility requirements.

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending TPS for current beneficiaries of the TPS designations for El Salvador, Honduras, Nepal, Nicaragua, the 2011 Haiti designation, and the 2013 Sudan designation as long as the preliminary injunction in Ramos v. Wolf and the stay of proceedings order in Bhattarai v. Nielsen remains in effect. TPS status can, however, be extended.

How long is my EAD valid now?

Your Employment Authorization Document (EAD) is auto-extended through June 30, 2024.

How do I prove my EAD was automatically extended?

To prove your EAD is extended until June 30, 2024, TPS beneficiaries can show their EADs and the Federal Register Notice to employers to demonstrate that DHS has extended your EAD and employment authorization through June 30, 2024. The Federal Register notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended.

 

El Salvador

I am from El Salvador and currently have TPS. Do I need to re-register?

Current beneficiaries under the TPS designation for El Salvador do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for El Salvador:

• 18 through March 19, 2018
• July 8 through Sept. 6, 2016

I am from El Salvador and do not currently have TPS, may I apply?

Unfortunately, no. This extension only applies to people who currently have TPS under the El Salvador designation. Please contact an immigration attorney to discuss further options you may have.

 

Haiti

I am from Haiti and currently have TPS. Do I need to re-register?

No. Current beneficiaries under the 2011 Haiti TPS designation do not need to re-register to maintain TPS.

If you are a beneficiary of TPS under the August 2021 Haiti designation, this extension does not impact you. Your TPS is still valid. You do not need to re-register. Your EAD is still valid until February 3, 2023.

I am from Haiti and I currently have TPS under the 2011 designation. Should I apply for TPS under the new May 2021 designation?

Maybe. You are allowed to apply under the more recent designation of Haiti in 2021 and if granted, you will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.

I am from Haiti and do not have TPS. Can I apply?

Yes. You may register for TPS under the August 2021 designation. You need to apply before February 3, 2023.

 

Honduras

I am from Honduras and currently have TPS. Do I need to re-register?

Current beneficiaries under the TPS designation for Honduras do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for Honduras:

• May 16 through July 15, 2016
• 15, 2017, through Feb. 13, 2018
• June 5 through Aug. 6, 2018

I am from Honduras and do not currently have TPS, may I apply?

If you never had TPS for Honduras, you cannot apply for TPS now. If you previously had TPS for Honduras, but you have not re-registered during at least one of the above registration periods, DHS says you should file now and explain your reasons for filing late. You can also contact an immigration attorney to discuss further options you may have.

 

Nepal

I am from Nepal and currently have TPS. Do I need to re-register?

Current beneficiaries under the TPS designation for Nepal do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for Nepal:

• May 22 through July 23, 2018
• 26 through Dec. 27, 2016

I am from Nepal and do not currently have TPS, may I apply?

If you never had TPS for Nepal, you cannot apply for TPS now. If you previously had TPS for Nepal, but you have not re-registered during at least one of the above registration periods, DHS says you should file now and explain your reasons for filing late. You can also contact an immigration attorney to discuss further options you may have.

 

Nicaragua

I am from Nicaragua and currently have TPS. Do I need to re-register?

Current beneficiaries under the TPS designation for Nicaragua do not need to re-register to maintain TPS if they properly re-registered for TPS during one of the following registration periods for Nicaragua:

• 15, 2017, through Feb. 13, 2018
• May 16 through July 15, 2016

I am from Nicaragua and do not currently have TPS, may I apply?

Unfortunately, no. This extension only applies to people who currently have TPS under the Nicaragua designation. Please contact an immigration attorney to discuss further options you may have.

 

Sudan

I am from Sudan and currently have TPS. Do I need to re-register?

No. Current beneficiaries under the 2013 Sudan TPS designation do not need to re-register to maintain TPS.

If you are a beneficiary of TPS under the April 2022 Sudan designation, this extension does not impact you. Your TPS is still valid. You do not need to re-register. Your EAD is still valid until October 19, 2023.

I am from Sudan, and I currently have TPS under the 2013 designation. Should I apply for TPS under the new April 2022 designation?

Maybe. You are allowed to apply under the more recent designation of Sudan in 2022 and if granted, you will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.

I am from Sudan and do not have TPS. Can I apply?

Yes. You may register for TPS under the April 2022 designation. You need to apply before October 19, 2023.

 

Get Help

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at 1-800-223-1368.

In 2022, ILCM entered into a contract with the state of North Dakota to provide services to refugees, asylees, and Afghan Special Immigrant Visa holders in the Fargo area. ILCM supports these clients with obtaining green cards and ultimately citizenship. ILCM was invited to assist in North Dakota because, currently, there are no other providers of free or low-cost immigration legal services supporting refugee green card cases in North Dakota.

ILCM Fact Sheet – Fargo

LOCATION: 1323 23^rd St. Suite C, S. Fargo, ND 58103.

HOURS: Mondays and Tuesdays, 9am – 4pm

WHAT WE DO: Services are provided free of charge to ORR (Office of Refugee Resettlement) funded populations – refugees, asylees (those who hold approved asylum status), Cuban parolees, Afghan parolees, and Ukrainian parolees

We assist these clientele with:

1. Adjustment of status (I-485 green card application)
2. Citizenship application (N-400)
3. Employment authorization card (I-765) initial or replacement
4. I-90 application to replace lost or stolen green card

 

HOW TO CONTACT US: Individuals seeking assistance are required to make appointments by calling 651-641-1011 ext. 204 or by email turdukan.tostokova@ilcm.org

According to the American Immigration Council, roughly 5% of North Dakota’s population was born in another country, while another 5% are native-born U.S. citizens with at least one immigrant parent. Immigrants are an integral part of the North Dakota workforce in a range of occupations. In 2018, 25,558 immigrant workers comprised 6% of the labor force (American Immigration Council).
Immigrants also play a key role in the economy. According to a recent InForum article (“Fargo-Moorhead area employers urged to invest in refugee, immigrant workers,” 2021), new Americans in the region paid $13.8 million in state and local taxes in 2014 and contributed $542.8 million to the region’s gross domestic product.

ILCM’s office in Fargo becomes our sixth office.

 

Yesterday, an appellate court in Texas upheld a lower court ruling that the Deferred Action for Childhood Arrivals (DACA) program is illegal. For now, current DACA holders can continue to renew DACA, but it is uncertain for how long. Moreover, young people who became eligible for the program after 2017, and young people who entered the country after the cut-off date for the program have no protection while this legal and policy nightmare continues. No protection from deportation. No right to work. No way to move forward with their education, their careers, and their lives.

Today, we ask you to join us in taking action. Let us channel our anger, frustration, and sadness into supporting Minnesota’s 5,000 DACA holders and the thousands of Minnesota immigrant youth who have been unable to apply for the program because of the litigation that has ensued since the Trump administration attempted to end the program in 2017.

Congress must act, but it will only act if members know that supporting DREAMers is a top priority for their constituents. Call your Senators. Call your Congressional Representative. Tell them that Congress should immediately pass a pathway to citizenship for DACA recipients and immigrant youth.

The litigation regarding the DACA program is not over. DACA was instituted by the Obama administration in 2012 through a memorandum, and the district court and the appellate court found that the program was unlawful because administration  did not go through the official process required by the Administrative Procedures Act (APA). Since the district court’s decision in July 2021, DHS went through this process. DHS issued draft regulations establishing the DACA program, went through the official public feedback process, and issued final regulations at the end of the summer that go into effect on October 31.

The appeals court acknowledged this development and sent the case back to federal district court judge Andrew S. Hanen, to review these regulations and decide whether they should change the conclusion that the DACA program is unlawful.

Learn more about this decision and what it means for current DACA recipients and immigrant youth in ILCM’s Frequently Asked Questions Fact Sheet.

Call your Senators. Call your Congressional Representative. Tell them that Congress should immediately pass a pathway to citizenship for DACA recipients and immigrant youth.

Suggested message:

As your constituent, I am calling to ask that you swiftly pass a pathway to citizenship for all DREAMers. They are valuable members of our community, who work, study, and pay taxes. They deserve a secure place in our community.

The undocumented community needs permanent relief from the violence, cruelty, and inhumanity of deportation.

Dreamers make vital contributions to our communities. Over the next decade, Dreamers who currently have DACA will contribute an estimated $433.4 billion to the GDP if they can continue to work legally in the U.S. They play an essential role in our economy and post-pandemic recovery: nearly 30,000 DACA recipients work in health care across the U.S., and around one million DACA recipients and other Dreamers are essential workers.

DREAMERs make our communities better.

Please act today to support Minnesota’s 5,000 DACA holders and the thousands of Minnesota immigrant youth who have been unable to apply for the program. I urge you to support legislation that offers a pathway to permanent status for DACA recipients and other Dreamers.

FOR IMMEDIATE RELEASE 

Contact: 
Veena Iyer, Executive Director, Immigrant Law Center of Minnesota
veena.iyer@ilcm.org  (651) 641-1011 

Congress Must Act Now: A Call to Action for DACA 

October 6, 2022—Yesterday evening, the 5th Circuit Court of Appeals decided the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The decision came in the context of a review of a July 2021 district court decision.  

Significantly for current DACA holders, the appeals court allowed the Biden administration to continue processing and approving renewal applications while the litigation continues. However, hundreds of thousands of immigrant youth who have become eligible since 2017 and others who were never able to apply remain locked out of the program.  

“My heart and that of the Immigrant Law Center of Minnesota (ILCM) goes to all of the DACA holders and DACA eligible youth across the country, particularly those here in Minnesota who are our neighbors, coworkers, and friends,” said ILCM executive director Veena Iyer. “But this is not the end. We will not give up. DACA is not enough. DACA has offered a lifeline to over 800,000 young people, but it is only a temporary and limited fix. Congress and the Biden administration must act to fulfill their promises and provide a path to citizenship for Dreamers, who contribute so much to our country and communities.”

Importantly, the litigation regarding the DACA program is not over. DACA was instituted by the Obama administration in 2012 through a memorandum, and the district court and the appellate court found that the program was unlawful because administration  did not go through the official process required by the Administrative Procedures Act (APA). Since the district court’s decision in July 2021, DHS went through this process. DHS issued draft regulations establishing the DACA program, went through the official public feedback process, and issued final regulations at the end of the summer that go into effect on October 31.    

The appeals court acknowledged this development and sent the case back to federal district court judge Andrew S. Hanen, to review these regulations and decide whether they should change the conclusion that the DACA program is unlawful. 

“This back and forth with people’s lives is unbearable,” said Iyer. “But in the face of this unbearable pain, what I can assure you is: 

• ILCM will continue to make sure that everyone who is still eligible DACA and our services can continue to get assistance filing renewals. 
• ILCM will continue to spread the word to our community so that everyone understands the decision, its implications, and how they can take action to support DACA recipients, immigrant youth, and our work with DACA recipients  
• ILCM will continue to advocate for DACA and the creation of a pathway to citizenship.” 

If you currently have DACA and would like to renew, please call ILCM at 1-800-223-1368 on Mondays and Wednesdays from 9am-1pm, Tuesdays from 1pm-4pm, and on Thursdays from 3pm to 7pm for assistance. 

Congratulations to our clients on getting their green cards!

ILCM began working with this family nine years ago when the father, Eh Kay, applied for legal permanent residence and later citizenship. We continued to work with him when he applied to bring his family to the United States. Kay’s ILCM attorney petitioned for his wife and son, but they were unable to leave the refugee camp in Thailand to get to an appointment at the U.S. embassy. Despite repeated attempts from the ILCM attorney, the U.S. embassy wouldn’t allow the process to move forward without their physical presence. With no other options, the case stalled for a long time.

After eight long years working to reunite this family, thanks to the refugee program and tireless advocacy, we were able to unite the family in Minnesota through the refugee process. After one year, we worked on adjusting their status and just this fall, the mother and son received their green cards!

Since Kay was already a U.S. citizen, and his son is under 18 years old, he derived citizenship from his father as soon as he received his card. Their daughter was born in the United States and his wife only needs to wait for a couple years before she can apply for U.S. citizenship as well, then all of their family will have a country to call their own.

We are honored to be part of this family’s immigration story and grateful to our partners and allies for helping us throughout this process – so many levels of the immigration system were used in this family’s reunification! We are also grateful to Kay and his consistent contributions as a frontline worker during the global pandemic.

This fact sheet is current as of 9.26.2022. It is not legal advice.

Printable PDF of this fact sheet.

On Monday, September 26, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced an extension of the current Temporary Protected Status (TPS) for Burma for an additional 18 months, from November 26, 2022, through May 25, 2024, due to extraordinary and temporary conditions in Burma that prevent individuals from safely returning. In addition, the Department of Homeland Security (DHS) announced a redesignation of Burma for TPS for the same reason, allowing Burmese nationals (and individuals having no nationality who last habitually resided in Burma) residing in the United States as of September 25, 2022, to be eligible for TPS. 

TPS for Burma was originally designated on Friday, March 12, 2021, for 18 months through November 25, 2022.  

What is temporary protected status (TPS)?  

The Secretary of the Department of Homeland Security (DHS) grants TPS to individuals from designated countries who are unable to return home safely due to conditions or circumstances in their home countries.  

During the designated TPS period, TPS holders are allowed to live in the United States and cannot be detained by DHS just on the basis of their immigration status. TPS holders are eligible to apply for an employment authorization document (EAD) and for travel authorization.  

What does the extension of TPS for Burma (Myanmar) mean? 

If you have TPS under the current designation for Burma, you can apply to extend TPS. To receive the TPS extension, you must re-register for TPS by applying during the 60-day re-registration period from September 27, 2022 through November 26, 2022. If approved, your TPS and EAD will be extended until May 25, 2024.   

Note: It is important for TPS holders to re-register during the registration period. Do not wait until your Employment Authorization Document (EAD) expires. This could result in gaps in your employment authorization documentation. 

What does the re-designation of TPS for Burma (Myanmar) mean?  

This new designation enables citizens of Burma and individuals without nationality to file applications for TPS if (1) they were living in Burma (Myanmar) right before coming to the US, and (2) they have resided continuously in the United States since September 25, 2022. If you left for any reason, talk to an immigration attorney.  

The initial registration period for new applicants under the Burma TPS redesignation begins on September 27, 2022 and will remain in effect through May 25, 2024. Other eligibility requirements are described in the Federal Register Notice (FRN).  

When can I apply for TPS for Burma?  

If you currently have Burmese TPS: Under Burmese TPS, the re-registration period for current TPS for Burma holders is from September 27, 2022 through November 26, 2022. 

If you are applying for Burmese TPS the first time: The initial registration period for new applicants under the Burma TPS redesignation begins on September 27, 2022 and will remain in effect through May 25, 2024. 

How long will I have protection under TPS for Burma? 

The designation period determines how long TPS and the protections under TPS are valid. TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending Burma (Myanmar) for TPS for until May 25, 2024. TPS status can, however, be extended. 

Who is eligible for TPS under the Burma (Myanmar) designation?  

Burmese nationals who do not have legal status in another country, and people without nationality who last regularly lived in Burma (Myanmar) and who currently live in the United States may file applications for TPS. They will have to prove that they resided continuously in the United States as of November 26, 2022. 

People interested in TPS must file an application with U.S. Citizenship and Immigration Services by November 26, 2022 if they are re-registering, or by May 25, 2024 if they are initial applicants. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility. More details about the eligibility criteria to submit an initial TPS application and apply for an EAD can be found in the Federal Register Notice (FRN).  

Is TPS status given automatically?  

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS.  For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS.  People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status.  The application process can be complicated, and we recommend working with an immigration attorney.  

I have been in the United States since before September 25, 2022, but I have left for short periods of time.  Can I apply for TPS?    

Maybe. Whether you still qualify for TPS depends on the length and nature of your time outside of the United States. Please contact an immigration attorney to discuss your situation further.   

I am from Burma (Myanmar), and I came to the United States as a refugee. Do I need to apply for TPS?   

No. People who are in the US with refugee status can live and work here and apply for permanent resident status after one year. They do not require TPS.  

I am from Burma (Myanmar), and I now have a green card. Do I need to apply for TPS?   

No. As a permanent resident, you have legal status in the US and are on a path to citizenship. You do not need and would not qualify for TPS.  

I am from Burma (Myanmar), and I am in deportation proceedings. Can I apply for TPS to avoid deportation?   

Yes. A person in removal proceedings can apply for TPS, and if approved, can request that the judge put the removal case on hold until TPS is approved, and then for the time it is in effect.  

I am from Burma (Myanmar), and the police have given me tickets here. Can I apply for TPS?   

Maybe. You need to show your tickets to an immigration lawyer before filing. A person with two misdemeanors or one felony cannot get TPS. A lawyer can tell you if the tickets will be a problem.  

Which people from Burma (Myanmar) should consider applying for TPS?   

People who are here with no legal status should consider applying. Also, those who are here on a visa that is for a limited time or that does not allow for working might also benefit by receiving Temporary Protected Status. Having TPS does not hurt anything.  

*If you are from Burma (Myanmar) and came to the United States on a F1 student visa, contact your school’s international student office for more information.  

Get Help  

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.